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How to get EEA permit for my non-EEA parents

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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xnox
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How to get EEA permit for my non-EEA parents

Post by xnox » Tue Jun 03, 2014 7:43 pm

I'm Latvia citizen (EEA) who lived in the UK for 7+ years and gained EEA permament residence and subsequently naturalised as British Citizen. I still hold my Latvian passport and my EEA permament residence issues by UKBA. I believe i'm still excercising treaty rights.

My parents were born in Latvia but hold Latvian NON-EEA passports (alien passports).

Can I make EEA2 application for my parents, before they travel to the UK?

Can I make an EU application for my parents in Latvia, for them to gain Latvian family permit?

Would a Latvian family permit allow them to travel across Schengen, EEA, Switzerland, UK?

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CR001
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Re: How to get EEA permit for my non-EEA parents

Post by CR001 » Tue Jun 03, 2014 9:05 pm

subsequently naturalised as British Citizen
This will be your problem. As you are now British, you are no longer 'exercising treaty rights' as an EU national in the UK.
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Amber
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Re: How to get EEA permit for my non-EEA parents

Post by Amber » Tue Jun 03, 2014 11:10 pm

You may have to renounce your British citizenship if you wish to rely on EEA rules.
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rosebead
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Re: How to get EEA permit for my non-EEA parents

Post by rosebead » Wed Jun 04, 2014 5:55 am

It's unfair, the UK is not applying McCarthy case law (Case C-434/09) correctly. McCarthy case law is an EU ruling on EEA nationals with dual nationality. You have not always resided in the UK, you did exercise Treaty rights, and there was 'movement' - those are your legal arguments. I suppose it depends on whether you would be prepared to fight the possible Home Office refusal of your application - it's £80 for a paper appeal and £140 for an oral appeal. You've got good legal arguments in McCarthy with which to fight your case.

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